Constitutional development Test 2
What was the first bill that President Obama signed into law?
Lilly Ledbetter Fair Pay Restoration Act
Which justice shook head and mouthed, "Not true" in reaction to a statement made by President Obama at the 2010 State of the Union? What upset him?
"Supreme Court reversed a century of law that I believe will open the floodgates for special interests" Alito didn't Like the reference about foreign corporations spending money
To what extent did David Souter enjoy serving on the Court? What were his personality traits? How did he view serving on the Court into his later years of life?
- Hated it - normal moderate life - inexpensive life - No parties or dinner - Liked Washington in his later years - was republican but didn't like what the party was becoming in particular Roberts and Alito
What did the Court rule in Buckley v. Valeo (1974)?
- Roosevelt passed the Tillman Act which banned corporations from contribution to campaigns and established criminal penalties for violations - ruled congress could not restrict campaign expenditures as spending money was like speech but you can place limits on contributions as its just a general support
Who was the only justice to dissent in the Westboro Baptist Church case (Snyder v. Phelps (2011)? What was his legal position?
- a religious group that was anti- gay who protested at the funeral of marine killed in Iraq took place on public land the court said the damage awarded violated free speech rights. - Alito was the only dissent the solider was not a public figure it not necessary to allow the brutalization of innocent victims public speech is protected under the 1st amendment
What was citizens united and where did it obtain its funds
- founded by Willie Horton founded citizens United after creating an ad for George h w bush he created highly partisan tv ads and used mail to fundraise
What did the Court rule in Lorillard Tobacco Co. v. Reilly (2001) regarding Massachusetts's regulation of cigarette advertising? Regarding the State's 1000-foot rule pertaining to cigar and smokeless tobacco outdoor advertising? Who wrote the majority opinion? What did Clarence Thomas argue in his opinion? What was the ultimate vote in the case?
-5-4 decision -majority opinion by Sandra Day O Connor Does the Federal Cigarette Labeling and Advertising Act preempt portions of the Attorney General of Massachusetts' cigarette advertising regulations? Do portions of the Attorney General's regulations governing the advertising and sale of tobacco products violate the First Amendment? FCLAA preempts Massachusetts' regulations governing outdoor and point-of-sale cigarette advertising and that Massachusetts' outdoor and point-of-sale advertising regulations related to smokeless tobacco and cigars violate the First Amendment,. Thomas wanted strict scrutiny in his concurring opinion.
What did the court rule in McDonald v. Chicago (2010)? What was the vote?
-A 5 to 4 vote the second amendment to an individual it applied to states as well - "Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is 'the central component' of the Second Amendment right," Alito wrote."
Generally speaking, what was Sandra Day O'Connor's judicial philosophy?
-Gradualist -a compromiser -like the turtles slow and steady don't like to move fast in any direction
When was the first amendment passed
1791
What is the "Missouri Plan"? How does it work?
1940 gave the power to nominate judges to an independent commission and allowed the governor to select from the commissions list
In what decade did the Court begin holding that the First Amendment protected the dissemination of truthful, non-misleading commercial messages about lawful products and services?
1970s
What was Sotomayor's Senate confirmation vote? At the time of her confirmation, how many justices, in total, had served on the Court?
68-31 110 she was the 111th supreme court justice
What did the Court rule in Hill v. Colorado (2010)? What was the nature of the statute at issue?
A Colorado statute makes it unlawful for any person within 100 feet of a health care facility's entrance to "knowingly approach" within 8 feet of another person, without that person's consent, in order to pass "a leaflet or handbill to, display a sign to, or engage in oral protest the Court held that the Colorado statute's restrictions on speech-related conduct are constitutional. not a regulation of speech just a regulation of where speech can occur
What facts were at issue in Cox v. New Hampshire (1941)? What did the Court rule?
A New Hampshire state statute prohibited parades, processions, and open-air gatherings in public spaces without a special license granted by the town. supreme court ruled municipality's ability to impose regulations that create order and safety for its populace does not infringe on the civil liberties of its people.
What judicial standard is employed when the Court reviews content-based regulation?
A content based law discriminates against speech based on the substance. Subject to strict scrutiny certain, narrow categories of expression — such as obscenity, child pornography, true threats, and incitement to imminent lawless action — can be prohibited precisely because of their harmful content.
What did the Court rule in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Counsel (1976)?
Acting on behalf of prescription drug consumers, the Virginia Citizens Consumer Council challenged a Virginia statute that declared it unprofessional conduct for licensed pharmacists to advertise their prescription drug prices. it banned commercial speech protected under the first amendment
What facts were at issue in International Society for Krishna Consciousness, Inc. v. Lee (1992)? What did the Court rule? Which Justice cast the swing vote regarding the two regulations at issue?
An airport terminal is not a public forum. The regulation banning such activity need only satisfy a reasonableness standard. The regulation is reasonable. Solicitators may slow the path of possible contributors, cause duress or commit fraud. O Connor and Kennedy
In the early 2000s, which justice allegedly possessed the biggest ego on the Court?
Anthony Kennedy
Who wrote the majority opinion in Citizens United v. FEC (2010)?
Anthony Kennedy 5-4 vote
Why did Sandra Day O'Connor retire from the Court?
Because her husband John O' connor was a lawyer and his career never took off as her's but he got Alzheimers disease. she tried to bring him work but he wondered off
Which is more disfavored in First Amendment jurisprudence: a prior restraint or subsequent punishment? Why? What was the jurist Blackstone's view on the matter?
Blackstone believed he also stood firmly in favor of an extensive freedom of the press and an absolute prohibition on prior restraint of publication. where prior restraint is judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful.
What was the first case Kagan argued to the court
Citizens united vs FEC
What did the Court rule in Walker v. Birmingham (1967)?
Civil rights activists who planned to march on Good Friday and Easter were denied parade permits from the city. upheld the arrests since Walker failed to use proper judicial procedures to test the injunction's validity
What is the First Amendment test applied to commercial speech enunciated in Central Hudson Gas & Electric Corporation v. Public Service Commission (1980)?
Created the Central Hudson Test - is the speech lawful or must not be misleading - does the government have substantial interest -The regulation must directly and materially advance the government's substantial interest. -The regulation must be narrowly tailored. intermediate scrutiny
What did the Court rule in Lehman v. City of Shaker Heights (1974)?
Did Shaker Heights' policy against political advertising on its streetcars violate the free speech clause of the First Amendment? No the city can reject advertisements as the street cars are not completely public forums
What did the Court rule in Schneider v. Irvington (1939)?
Do cities' interests in reducing littering justify encroachments upon the First Amendment by banning the distribution of pamphlets? No violated first amendment not up to strict scrutiny
What did the Court rule in Ohralik v. Ohio State Bar Association (1978)?
Do professional ethics rules for the legal profession that ban in-person solicitation of non-lawyers violate free speech guarantees under the First and Fourteenth Amendments? The Court held that a state may constitutionally discipline a lawyer for soliciting clients in person and for financial gain under circumstances likely to pose dangers that the state has a right to prevent.
What did the Court rule in Frisby v. Schultz (1988)?
Does a city ordinance prohibiting picketing in front of residential homes violate the First Amendment? No street constituted a traditional public forum, the ban must satisfy strict standards in order to remain. content neutral but government interest prevails
What did the Court rule in Pleasant Grove City v. Summun (2009)? Under what theory did the Respondent challenge the City's action?
Does a city's refusal to place a religious organization's monument in a public park violate that organization's First Amendment free speech rights when the park already contains a monument from a different religious group? the monuments represented an expression of the city's viewpoints and thus government speech.
What did the Court rule in Reed v. Town of Gilbert, Arizona (2015)?
Does an ordinance restricting the size, number, duration, and location of temporary directional signs violate the Free Speech Clause of the First Amendment or the Equal Protection Clause of the Fourteenth Amendment? yes The Court held that the restrictions were subject to strict scrutiny because they were content-based restrictions, or restrictions that were applied differently depending on the message of the sign.
What did the Court rule in Walker v. Texas Division, Sons of Confederate Veterans, Inc. (2015)
Does preventing the confederate flag from appearing on license plates constitute viewpoint discrimination?
What facts were at issue in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)? What did the Court rule?
Dun and Bradstreet, a credit reporting agency, mistakenly reported to some of its subscribers that the construction contractor Greenmoss Builders had voluntarily filed for bankruptcy. The president of Greenmoss quickly learned about the erroneous report, requested Bradstreet to correct its error, and asked for the list of subscribers who received the report. Justice Lewis Powell authored the opinion for a 5-4 court. Although the trial court correctly perceived that the trial judge's instructions did not satisfy the requirements of Gertz, the Court held that Gertz did not apply since the present case did not involve public speech.
Who was the first female solicitor general?
Elena Lagan Obama Appoitment
What did the Court rule in Burson v. Freeman (1992)?
Freeman, a Tennessee political campaign treasurer, challenged the constitutionality of the Tennessee Code forbidding the solicitation of votes and the display or distribution of campaign materials within 100 feet of entrances to polling facilities. can have safe zones around polling places. governmental interest prevails.
Who appointed Sonia Sotomayor to be a federal district court judge? What were her views on affirmative action programs? Which president nominated her to the federal Second Court of Appeals?
George H. W. Bush I am a product of affirmative action believe personal decisions affect the facts that judges choose to see Bill Clinton
Which president nominated John Paul Stevens to the Court? What was his confirmation vote in the Senate? What were his general political views? Was he pleased with the direction of the Court after the additions of John Roberts and Samuel Alito?
Gerald Ford 98-0 moderate Republicans NO
When was the free press protection of the First Amendment incorporated into the Fourteenth?
Gitlow v New York 1925
What did Clarence Thomas usually do during oral argument?
He is silent and reclines his chair all the way back he stares at the ceiling and rubs his face. he closes his eye and looks as if hes fallen asleep.
After being sworn in as president, what statement did Obama attempt to make to the Senate regarding his nomination of federal judges?
He wanted to show bipartisanship - David Hamilton was his first nomination - 7th circuit court of appeals
what movie was at issue in the Citizens United dispute?
Hillary the movie
Has the Court ever held that corporations have constitutional rights?
In 1886 Santa Clara County v Southern Pacific Railroad the lawsuit was about whether a railroad should have to pay taxes on fences next to its tracks. Chief Justice Morrison R. Waite said the court does not want to hear whether the 14th amendment applies to corporations because it does. The court decided the fences were not taxable
What facts were at issue in Near v. Minnesota (1931)? What did the Court rule?
In a Minneapolis newspaper called The Saturday Press, Jay Near and Howard Guilford accused local officials of being implicated with gangsters. Minnesota officials sought a permanent injunction against The Saturday Press on the grounds that it violated the Public Nuisance Law because it was malicious, scandalous, and defamatory. the Court held that the statute authorizing the injunction was facially unconstitutional because of prior constraint but maybe after subsequent punishment
What was Thomas' impact with respect to the interpretation of the Second Amendment?
In the Brady bill congress passed that required background checks. wrote his concurring opinion in Printz v United States he declared the right to bear arms a personal right he grew an intellectual wave until 2008 Heller case.
What did the Court rule in City of Renton v. Playtime Theatres (1986)? How do the so-called "secondary effects" of adult entertainment establishments impact the Court's First Amendment analysis?
Investors wanted to place an adult theater in a zone that was prohibited by the city. Ordinance is a reasonable time, place and manner restriction rather than an actual ban.
Which Court nominee justice faced allegations in the press of being homosexual?
Kagan
In 2003, what did the Court rule with respect to the Bipartisan Campaign Reform Act of 2002?
Mainly democratic support but issued by John McCain - candidate advertisement vs issue advertisements - prohibited corporate or labor union funding of any ads 30 days of primary or 60 days of general election - court upheld almost all of it except banns on minor contributing
What was the Bipartisan Campaign Reform Act of 2002 also called?
McCain-Feingold law
What did Souter think of the legal views of John Roberts and Samuel Alito? Did he identify with the moderate or more radical wing of the Republican party? Which Court ruling summed up his distaste for the modern Court?
Moderate -didn't like - wanted stability and liked precedent - Bush v Gore election of 2000 caused him to leave to partisan
In what opinion did the Court elevate "freedom of association" to constitutional status with First Amendment protection?
NAACP v. Alabama. 1958
What did the Court rule in Nebraska Press Association v. Stewart (1976)?
Nebraska state trial judge, presiding over a widely publicized murder trial, entered an order restraining members of the press from publishing or broadcasting accounts of confessions made by the accused to the police. and the supreme court agreed with the judge undue pre-trial publicity
What did the Court rule in Lochner v. New York (1905)?
New York passed a law prohibiting bakery employees from working more than 60 hours per week. State law was unconstitutional interfered with the right of contract by using the 14th amendment of the worker to enter into an agreement
Upon becoming president in January 2009, were making federal judicial appointments the Obama administration's highest priority?
No economic collapse restless democratic majority two wars
What did the court rule in Bowers v. Hardwick (1986)? How did Lawrence v. Texas (2003) impact that ruling?
O' Connor voted with the majority in Bowers v Hardwick which upheld a Georgia prosecution of a gay man for having consensual sex. Bowers v Hardwick was overturned by lawrence v texas
In Arkansas Educational Television Commission v. Forbes (1973), did the Court rule that the third-party candidate had a constitutional right to appear at a televised debate on a state-owned public television broadcast?
No. In a 6-to-3 decision, the Court held that public broadcasters could selectively exclude participants from their sponsored debates, so long as these were not designed as "public forums."
What did the Court rule four years later in Federal Election Commission v. Wisconsin Right to Life (2007)?
Overturned McCain- Feingold law and states that corporations can contribute money to political campaigns but can set limits
What did the Court rule in Erie v. Pap's A.M. (2000)?
Pennslyvania passed a law banning nudity in public the Supreme Court ruled that Erie, Pennsylvania, did not violate the First Amendment free speech rights of nude dancerswhen the city council enacted an ordinance banning public nudity.
Who was the most famous justice of the early 2000s
Sandra day O connor
Which justice referred to himself as a "lighthearted originalist?"
Scalia
What were Elena Kagan's personal attributes? For which justice did she clerk after law school? Who nominated her to the federal D.C. Circuit Court of Appeals? Did she ever serve on that court?
Self confidence and very precise and a hard worker. Justice Thur good Marshall Bill Clinton nominates but she never served because the judicial committee never took a vote
To what extent do justices generally attend the president's State of the Union address?
Spotty in recent years past
Which justice's political/legal views most closely aligned with those of the Tea Party?
Tea party was antitaxation, and regulation and anti abortion - grassroots movement - Hated elites -states right -originalist Clarence thomas
In what capacity did John Paul Stevens serve the U.S. during World War II?
The future Supreme Court justice was a cryptography for the u.s where he analyzed intercepted Japanese radio transmission.
Outline the "time, place and manner" test discussed in Ward v. Rock Against Racism (1989).
The government does not need to choose the least restrictive alternative in imposing time, place, and manner restrictions on speech. mandated the use of city-provided sound systems and technicians for concerts in Central Park court upheld the ordinance.
Which president attempted the "court-packing" plan? When? Why?
The judicial procedures reform bill of 1937 by franklin Roosevelt to attain more favorable rulings for new deal legislation
What did the Court rule in Chicago Police Department v. Mosley (1972)?
The supreme court ruled that the government cant exclude speakers from the public sphere based off their content. . the city of Chicago passed an ordinance that prohibited picketing near a school unless it was peaceful about a labor dispute. Created a content based regulation on speech.
What is the solicitor general and what are her duties? How are the lawyers in the solicitor general's office unique with respect to Supreme Court advocates?
The solicitor general is the lawyer for the federal government and respected by the Supreme Court justices. Don't hide the truth and dress differently.
Which president was an early 1900s businessman referring to when he said, "We bought the son-of-a-bitch and then he did not stay bought."
Theodore Roosevelt and Henry clay Frick a steel baron
Which justice failed to attend the United States Supreme Court ("Court") reception for President-elect Barack Obama in January 2009?
This was a tradition of the court for the president and vice president elect to meet with all the justices. - Meet West Conference Room of the court - Alito did not attend - Roberts asked for raise for federal judges it never happened but Obama supported it
What did the Court rule in Wisconsin v. Mitchell (1993)?
Todd Mitchell, a young black man, instigated an attack against a young white boy. He was subsequently convicted of aggravated battery in the Circuit Court for Kenosha County. According to Wisconsin statute, Mitchell's sentence was increased, because the court found that he had selected his victim based on race.the Court found that the Wisconsin statute paralleled antidiscrimination laws which had been found to comply with the First Amendment. It also determined that the consequences for the victim and the community tended to be more severe, when the victim of a crime was chosen on account of his or her race
What memento did David Souter keep after retirement to remind him of his days on the Court?
a 3 cent stamp from when he was 11 years old with the supreme court building on it
What did the Court rule in Sheppard v. Maxwell (1966)?
alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial publicity that attended his prosecution after on trail for murdering his pregnant wife. decision the Court found that Sheppard did not receive a fair trial the court must be objective and calm environment
What did the Court rule in Rosenberger v. University of Virginia (1995)?
asked the University for $5,800 from a student activities fund to subsidize the publishing costs of Wide Awake: A Christian Perspective at the University of Virginia. The University refused to provide funding for the publication solely because it "primarily promotes or manifests a particular belief in or about a deity or an ultimate reality," as prohibited by University guidelines. The Court, in a 5-to-4 opinion, held that the University's denial of funding to Rosenberger, due to the content of his message, imposed a financial burden on his speech and amounted to viewpoint discrimination
What has the Court ruled in terms of the First Amendment and the "freedom to listen"? The right "to receive information and ideas"?
cant listen but can receive information legally and patent on ideas.
What facts were at issue in New York Times v. United States (1971)[The Pentagon Papers Case]? What did the Court rule? What was the breakdown of the voting? What were the general themes of the opinions written by Justices Black, White, and Harlan?
defended the First Amendment right of free press against prior restraint by the government.In 1967 then Secretary of Defense Robert McNamara commissioned a secret government study on American involvement in Vietnam and the New York times published the papers. Supreme Court allowed Times to continue publication -6-3 decision "only a free and unrestrained press can effectively expose deception in government-and "'Malice,' even as defined by the Court, is an elusive, abstract concept, hard to prove and hard to disprove.- black white never say never harlan not enough time
During the Senate confirmation hearing, which nominee, when asked where she was the prior Christmas, responded, "Like all Jews, I was probably at a Chinese restaurant."
kagan
What was Thomas' general view of stare decisis?
liked to overturn precedent
Generally speaking, did President Obama have liberal, conservative, or middle-of the-road ideas about the Constitution and its interpretation?
middle of the road view
To what extent do sitting justices generally contact a nominee to the Court?
never only her colleague Ginsburg sent her a congratulatory note
At the time of the ruling in Brown v. Board of Education (1954), how many of the nine justices had been a full-time judge prior to joining the Court? As of 2005?
one nine
What did the Court rule in United States v. Progressive? (That is, the U. S. Supreme Court.)
one of the few court decisions in American history that issued an injunction to prevent the publication of a story National security debate judges reasoned there was no "plausible reason" why the public needs to know details of how to make a hydrogen bomb
What did the Court rule in Lovell v. Griffin (1938)?
overturned the conviction of a Jehovah's Witness who had gone door to door selling pamphlets and magazines. While affirming that First Amendment rights applied to the states via the Fourteenth Amendment, this case focused almost exclusively on freedom of the press.The license requirement served as an unconstitutional "prior restraint,"
According to The Oath, which political party generally supports judicial elections at the state level? Which party generally desires appointive systems?
progressives; merit selection with appointment of judges and republicans judicial elections
What is a per curiam opinion?
refers to a decision of a court, without identifying any judges by name, finding that the decision of a lower court was correct. Such a decision is often made without rendering an opinion.
What was the conclusion of an FCC study concluded in the 1980s regarding the "fairness doctrine"?
rejected a former federal policy in the US requiring television and radio broadcasters to present contrasting viewpoints on controversial issues of public importance.
Generally speaking, what special privileges has the Court granted to the press that are not available to ordinary citizens
reporter's privilege is that journalists have a limited First Amendment right not to be forced to reveal information or confidential news sources in court.
What are examples of a "public place" with respect to First Amendment analysis?
street tax payer funded
What did the Court rule in FCC v. Pacifica Foundation (1978)?
the Supreme Court allowed the government to regulate indecent speech over the broadcast medium.
What was the government program at issue in Rust v. Sullivan (1991)? What did the Court rule? What was the dissent's position?
the Supreme Court narrowly upheld new government regulations that interpreted Section 1008 of Title X of the Public Health Services Act as prohibiting any health or medical professional receiving Title X funding from providing any counseling or information about abortion
What did the Court rule in Hague v. CIO (1939)?
the Supreme Court ruled that banning a group of citizens from holding political meetings in a public place violated the group's freedom to assemble under the First Amendment. The case helped set the precedent for what is now known as the public forum doctrine,
What did the Court rule in Richmond Newspapers, Inc. v. Virginia (1980)?
the Supreme Court ruled that the First Amendment generally prohibits closing criminal trial proceedings to the public. due to a series of mistrials A majority of the Supreme Court agreed that the public was so entitled and that the entitlement, though not absolute, should prevail in this case.
What did the Court rule in Watchtower Bible & Tract Society v. Stratton (2002)?
the Supreme Court struck down a Stratton, Ohio, ordinance making it a misdemeanor to canvass or solicit door-to-door without a permit. the ordinance violated First Amendment protections for anonymous political speech, religious and political canvassing, and pamphleteering.
What facts were at issue in R.A.V. v. St. Paul, Minnesota (1992)? What did the Court rule? Which justices dissented? What were the general themes of the opinions written by Justices Scalia, White, and Stevens?
the Supreme Court struck down a city ordinance that made it a crime to place a burning cross or swastika anywhere "in an attempt to arouse anger or alarm on the basis of race, color, creed, or religion." Justice Antonin Scalia noted that the St. Paul statute was meant to prohibit only expressions that served to cause outrage, alarm, or anger with respect to racial, gender, or religious intolerance. Other expressions designed equally to arouse anger or outrage on other bases were not prohibited. The ordinance therefore unconstitutionally singled out particular, content-based viewpoints. No justices dissented
What did the Court rule in Heffron v. International Society for Krishna Consciousness (1981)?
the Supreme Court upheld a content-neutral time, place, and manner regulation that placed restrictions on the religious practices of the Krishna sect against allegations that it restricted the First Amendment exercise of religion. A Minnesota regulation prohibited anyone at the Minnesota state fair from selling or distributing any written material except from designated, fixed-location booths. it didnt discriminate
What was (then Massachusetts justice) Oliver Wendell Holmes' view of the public forum doctrine as expressed in Massachusetts v. Davis (1897)?
the Supreme Court's first decision regarding the right to speak in city streets and parks, Justice Edward Douglass White gave municipalities almost limitless authority over open-air speech. As Holmes read the Constitution, citizens had no right to deliver unauthorized speeches on public land.
What did the Court rule in Mills v. Alabama (1996)?
the U.S. Supreme Court reversed the Alabama Supreme Court to conclude that a state law placing criminal liability on an election day newspaper editorial violated the First amendment
The Sixth Amendment's guarantee of a "public trial" confers a constitutional right upon whom? The accused? The public?
the public
Ted Olson served as solicitor general for which president? What famous case did he argue to the Court in 2000? In Citizens United v. FEC, did Olson initially desire an expansive, or a narrow, ruling?
the second bush Citizens United v FEC narrow ruling
By long-standing tradition, who controls federal district court nominations?
traditional senators of the presidents party controlled district court nominations in their states. - 3 names for every vacancy
As cited in Lorillard Tobacco Co. v. Reilly, what types of regulations on commercial speech have been deemed not to violate the First Amendment (e.g. exchange of information about securities)?
utdoor advertising regulations, which prohibit outdoor advertising within 1,000 feet of a school or playground, do not violate the First Amendment because they advance a substantial government interest and are narrowly tailored to suppress no more speech than necessary.